Getting arrested for a DUI in North Carolina is scary, stressful, and can leave you feeling overwhelmed. Whether it’s your first offense or not, it’s completely normal to have a thousand questions running through your head; what happens next? Will I lose my license? Should I get a lawyer?
Understanding what to do in the aftermath of a DUI arrest can crucially affect the outcome of your DUI case. This step-by-step guide highlights the crucial actions to take if you or someone you know is facing a DUI charge in North Carolina.
Stay calm and compliant during the arrest
The moment you are pulled over, try to stay calm. Even if you are nervous or frustrated, keep your cool and be polite. Arguing or getting defensive can escalate the situation and work against you later. You do have the right to remain silent when it comes to questions regarding how much you’ve had to drink. You don’t have to answer them, and it’s usually better if you don’t.
Understand the charges and your rights
In North Carolina, DUI is legally referred to as “Driving While Impaired” (DWI). You can be charged if your blood alcohol concentration is 0.08% or higher, or if the officer believes your physical or mental faculties are impaired due to alcohol or drugs. Once arrested, you have the right to remain silent and the right to legal counsel. Use these rights to your advantage.
Understand the breath or blood test
North Carolina has an “implied consent” law. If you are arrested for DWI, the law assumes you have already agreed to take a breath or blood test. Refusing that test can lead to your license being suspended for a year, even if you are not convicted later.
Whether you take or refuse the test, try to remember exactly how everything went down. Jot down anything unusual. Was the machine acting strangely? Did the officer say or do anything that felt off? This kind of detail could help your case down the road.
Secure legal representation immediately
This part is crucial. The sooner you talk to a lawyer, the better your chances of building a strong defense. A lawyer who knows North Carolina DWI laws, such as this Asheville DUI defense lawyer, can be your best shot at getting through this with as little damage as possible. They can look at everything (the stop, arrest, and test) and figure out what can be challenged or negotiated.
Attend your DMV hearing
If your license gets suspended (and it might, especially if you refused the test or blew over the limit), you usually have around 10 days to request a DMV hearing. This hearing is separate from your criminal case and focuses specifically on your driving privileges.
Your lawyer can help you ask for a hearing and, in many cases, apply for limited driving privileges. That could mean being able to drive to work, school, or doctor’s appointments while your case is pending.
Prepare for court
You will probably have a few court dates, starting with an arraignment. Show up on time, dress decently, and follow your attorney’s lead. They might be able to get your charges reduced or even thrown out, depending on how things were handled.
Endnote
A DWI arrest is a big deal, but with the right help and a smart approach, you can get through this, protect your future, and hopefully never end up in this position again.